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for the second time in four days, the oakland police

officer has been shot. good evening, i'm ken bastida. liz has the night off tonight with another one of his officers in the hospitals. the police chief in oakland has a message for everyone. juliette goodrich is at the scene tonight. julia? >> reporter: can oakland police taking a tough stand tonight, the police chief having tough words tonight. there was a hit and run accident that happened at this intersection. two cars actually colliding into this building tonight. that's what police were investigating that hit and run crash as they heard shots fired just one block away. they ran to this scene. police say that the gunman saw them in uniform and started firing shots directly at them. >> this will not be tolerated. you cannot shoot them when they are trying to carry out their line of duty. >> reporter: saying that the streets are getting meaner. >> we're going to do everything in our powers to put an end to

this. >> reporter: the 13-year veteran shot in the leg returned fire at the suspect who then dropped his gun. >> a commendable job in continuing the pursuit of suspect, even after being shot in the leg and was able to successfully capture him and take him in the custody without further incident. >> reporter: this mother of three heard the gunshots. her little boys at the time were riding their bikes nearby as she told them to get inside immediately. monday night an undercover detective sitting at his car was shot in the arm. police later arrested two suspected gang members on parole. >> this really highlights the level of violence that we're dealing with in this city and the fact that someone, they will take the opportunity to harm one of our officers in full uniform. >> reporter: that oakland police officer who was shot in

the leg actually ran a few blocks away to track down the suspect. the officer shot at the suspect, didn't hit him, but that's when the suspect surrendered and he was arrested. that 13-year veteran with the oakland police department is at highland hospital tonight in stable condition. in oakland, juliette goodrich, cbs5. and new at 11:00. a five-alarm fire finally doused at a popular club in fairfield. flames tore through the original pepper belly comedy club. the roof collapsed about 45 minutes ago. that fire started just before 7:00 and burned for several hours. witnesses say the flames were as high as 30 feet. nobody has been injured and no word yet on how it got started. we have obtained a list of san francisco restaurants that are not following the city's health care law. it's a long list and sharon chin tells us that they are charging customers extra, but not giving all that extra money to the employees who deserve

it. >> reporter: when you dine out at san francisco you pay a little extra to help fund the workers health care. but the city attorneys say that dozens of restaurants are not using all that money for their employees. some people find it hard to swallow. >> i think it's terrible. the waiters and staff are living off tips and don't normally get full benefits. >> they can start charging 4.5% on my bill if it is not going to the right place. >> they are telling 50 restaurants to clean up their acts in three months. >> by doing so they could avoid litigation at my office for consumer fraud. >> reporter: we don't know which of the thousands of restaurants are under investigation, but we have obtained a list of 100 who reported they have taken far more money than they have paid out in employee health costs. in 2011 they collected more than $500,000, but actually spent about $200,000 for the employee's health care. for a profit of $327,000. the parent company of the

celebrity chef tavern collected more than $300,000 in surcharges, only spending $68,000 for a profit of $235,000. both cheesecake factory and the apparent company of maxes cafe ended up with more than $150,000 extra. some restaurants explain the disparity. the president of the amina group has more than enough money set aside for the employee health care because unused funds roll over from previous years. >> all the money that have been collected remain in a cash reserve account for the employees to draw upon. >> reporter: the general manager said that they stopped charging customers for it in december of 2011 and the cheesecake factory funds more for their employees health care than the industry's standard. there is a loophole in san francisco's universal health care law. it allows the restaurant to legally keep any surcharge money they collect if it is not used in two years. some city leaders are trying to

close that loophole. sharon chin, cbs 5. we're getting word tonight that brian stowe has taken a turn for the worse. he has been receiving treatment for a large blood clot. his doctors are amazed he even survived the clot given its size. he suffered severe brain damage after a beating outside dodger's stadium nearly two years ago. the san francisco's d.a. will not file sexual assault charges against the 49er wide receiver michael crabtree. a woman accuses him of sexual assault, but the d.a. said that his office has examined whatever evidence there was and will not file charges. the 49ers general manager tells the chronical that the team is happy to put the matter behind them. patience paid off for some lucky season ticketholders who won a chance to buy a pair of

super bowl tickets today. they swarmed the box office for one last time this season. season ticketholders who won tickets had to put up $600 to $1,200 per ticket. one fan told themselves that it is well worth it. >> i'm jacked up. i've been trying to figure out all week if i want to sell them or keep them, but all my friends are telling me that i have to go, have to go, it's a lifetime opportunity. screw it, i don't care about the money. i'm a niners fan and i'm going. >> how much did you pay for the tickets? $950 each. super bowl tickets are going for several times their face values on sites like stub hub. and with so much money at stake, the nfl is warning ticket buyers to beware of counterfeiters. they're out there. check the security features on the back like this hologram on the top and this heat sensitive star on the bottom. it disappears when you rub it.

so the fans are set, vernon glen is set. >> reporter: when we reach the end of the week, when you start getting into these five-second and one-word answers, he's had enough of us. he's ready to get on the plane. >> absolutely. in jim harbaugh's word, he doesn't like to peel back the onion too much. he's been known to play it pretty close to the vest with the immediate y trust me. even his own father had trouble getting inside his head before the 2011 draft. >> tomorrow you're going to draft the quarterback, who is it going to be? and it goes dead silence. not a word. dad, you pledged that you will not share this information with anyone. you can't even talk about it with jackie. will you promise me that you will keep this totally secret? i said jim, you have my honor,

you have my word. then he mentioned colin kaepernick was going to be the guy he was going to draft and i said jim, that's the guy. >> and i will share information with you. the team actually practiced today. they will practice tomorrow and then board a plane on sunday. how is that? [ laughter ] >> you're not giving up much. >> you've got a lot more coming next week and you can catch veteran, our sport -- vern as well as mike sugerman. that's all starting sunday night. there you go, off to catch a plane. the flu outbreak may have peaked in other parts of the country, but not here in the west. the cdc says they are still seeing cases in 47 states, but the numbers are declining in most of them. health insurers say that it has been an expensive flu season. more than $100 million has been spent on treatment and prevention. it could soon be harder to get a popular painkiller. much harder.

cbs news is reporting that the feds are targeting hydrocodone. >> it's the most prescribed drug in the state and one of the most abused. hydrocodone is in the same family of oxycontin. it's an effective painkiller. >> it is an important pain medication and it is also easy to prescribe. one can prescribe it over the phone, call it into the pharmacy without having to have the patient come to the office or write a prescription. >> reporter: but the fda advisory panel wants to change that. recommending new restrictions on the drugs. currently patients taking drugs containing hydrocodone could have their prescription called in at the local pharmacy, which could be refilled five times before the doctor has to see a

doctor again. also they could not be prescribed by nurses and physician assistants. opponents say that the changes would drive addicted patients to try to get that drug illegally. supporters say the restrictions will help. >> we are far away from curbing the opium medication overuse. but it's a step in the right direction. >> reporter: in 2011 alone doctors prescribed hydrocodone more than 131 million times. cbs news. well the new film about steve jobs makes its world premier. why the harshest criticism is coming from the apple founder's former partner. how is it? >> it's pretty cool. >> inside the locker room with the 49ers. dr. kim on the secret potion that helps players recover after practice. and she was one half of the san francisco treasure. the one thing marion brown wished for at her 86th birthday

celebration. spring feel in the air today. many of you hit the mid to upper 60s with mainly sunny skies. cbs high doppler radar. i've made a change for your forecast on sunday. take a look at the beautiful bay lights as they're doing a test run. it looks great

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gains. above 15- here we go. wall street on its longest winning streak in nearly ten years. with eight straight gains,

finishing above 1500 for the first time since 2007. and the dow is exploding. it's flirting with the 14,000 mark, just a few hundred points from their all-time high. the upcoming steve jobs biography is getting a big thumbs down from apple co- founder. it opens with jobs saying that computers are a marketable idea, but was told that gizmoto and that conversation never happened. he is also upset about being portrayed as too business like. after 45 years a change in the works for gatorade. vegetable oil will be removed. it's an ingredient in the orange and citrus cooler flavors that keeps the flavors even, but it can also be used as aflame retardant. who knew. pepsico the owner of gatorade says it's a result of customer complaints, not health

concerns. but the way it's in other drinks like powerade and squirt. every nfl team has their gatorade, but the 49ers have a little something extra. on the team's secret potion. >> reporter: after practice, the niners hit the locker rooms. what's waiting for them? how is it? >> it's pretty cool. >> icy cold drinks. >> it's a nice beverage, so they tell me. so i just drink it. >> you know it's some sort of fruit smoothie and a protein powder in here. >> definitely athletes need more proteins. >> reporter: she says that adding protein after a workout is actually a real smart move. >> pretty incredible stuff. they're now looking at the genetic levels. >> reporter: you have a 30- minute window post workout to replenish your stores and speed recovery. >> it's just a small amount of protein right after exercise, boom, turns on, the genetic software sort to speak of the muscle. >> reporter: and also

important, water. >> you know the muscle is 65% water. and people think that it is all protein, but actually 65% water. you need to make sure that they are well hydrated before, during, and after practice. >> reporter: back in the locker room you have a choice. >> thank you. cheers. >> cheers. >> reporter: a fruit shake or a chocolate one. >> that one has protein in it as well, just a little more calories. >> they're pretty good. [ laughter ] >> reporter: it tastes good. >> what channel is it going to be on? >> channel 5. >> reporter: cbs5 health watch. in san francisco the brown twins, you saw them around. they were fixtures of the city. they were inseparable for nearly 86 years. well, vivian died recently so joe vazquez shows us that friends and strangers made sure that marion didn't celebrate her birthday alone. >> reporter: bright smile dressed to the nine, marion

brown arrived at the sir francis drake hotel to a cheering crowd of friends, many of whom she never actually met. >> i saw them walking arm and arm down market street, circled around, but i never got to talk to them. >> reporter: about 150 people came out to celebrate her 86th birthday and much more. [ cheering ] >> yes, i did make a wish. i wish my sister would come back and keep me company. [ laughter ] >> reporter: her twin sister, vivian was the other half. together they were san francisco icons. tourists would take their pictures. they ate dinner about every evening. they always made an impression even back when they owned a boutique. >> they always treat everyone like my punk rockers to the mayor, you know, the same. >> reporter: the financial problems recently besetted the sisters, then vivian got sick, passing away two weeks and two days ago.

marion now eats her dinners alone. >> she was an angel. she was the angel and you were the devil, is that true? [ laughter ] >> no, i'm the twin angel. >> oh, okay. [ laughter ] >> reporter: it was the birthday party, but much more. it was a resounding show of support for san francisco for twin angel as one learns to live without her other half. >> and as she is looking down at this crowd, what do you think that she would be saying? >> she would love you all as much as i love you all. and i love you, wish you all the best of health, wealth, and happiness. ♪ happy birthday to you ♪ [ cheering and applause ] >> thank you, thank you! yeah, if you love this weather, i guess we're going to see some more of it, huh? >> we are. if you're a fan of sunshine, then this is it. what a difference between december where we had about a foot of rain for some of you and in january where some of

you will likely end the month with one half inch of rainfall. here is what we have in stored for tonight and tomorrow morning. it will be a chilly start, but not like the freezing temperatures recently . san francisco down to 48 tonight. fremont, 44, lower 40s for concord, livermore, and others. fairfield dropping down to 42. waking up tomorrow at napa, 43 degrees. radar is clear. that's the key. but about 0 moisture to work with, taking out the rain chance for widespread showers on sunday. the weekend now looks mainly dry. snow pack decreasing, the top of the month it was 136% or 36% above normal. now it's 3% below normal, so if things are decreasing in the sierra, then we won't get much rain here. we're getting rain in southern california. that's the upper low that got us yesterday in san jose and livermore with half an inch of rainfall. now it's far away from us. we didn't get that moisture. we look the other direction to the north to see what's going on. there's the front that's going to move through, so we have the

boundary, we have the lift in the atmosphere. we don't have the moisture to work with. without moisture you're not going to get rainfall no matter how strong the lift is. we cool off with an isolated shower or two, that's. it we're going to stay dry. speaking of n this is going to come -- speaking of this, this is going to dominate our weather next week, very chilly as float comes down from the north. to summarize things for you, cooler air moving in tomorrow from the 60s to the 5: -- to the 50s. mid-50s tomorrow. livermore at 56. mountain valuate 57. san jose 58. mid to upper 50s for concord, walnut creek and mid-50s tomorrow for san rafael. lower 50s behind the cold front. sunny next week and then back to the 60s by next wednesday and thursday. >> watch out early spring. >> exactly. it certainly felt like it today. >> thank you, paul. well, more proud than 49er

fans. cool inkaepernick's parent -- colin kaepernick's parents. how they say he stays grounded. and remember keep sending your fan photos to new satth kpix.com -- news@kpix.com. we're getting great ones, these came in just today. before the sneeze, help protect with a spray. before the tissue, help defend with a wipe. before the cold & flu season help prevent with lysol. because when you have 10 times more protection with each hand wash... and kill 99.9% of germs around the house with each spray... those healthy habits start to add up. this season, a good offense is the best defense and lysol has your family covered because that's our mission for health. every time someone chooses finish over cascade, it sparks a movement.

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septic disasters are disgusting and costly, but avoidable. the rid-x septic subscriber program helps prevent backups by sending you monthly doses right to your door so you will never forget to maintain your system. sign up at rid-x.com. quarterback's quirks. his parents rick and teresa say the 49ers gunslinger is a passionate player, who loves to play and loves to win. he also doesn't worry about any pre-game jitters. "...colin looks at this as his job ive heard him say ive been doing this 17 yrs why would i be nervous." his parents say kaepernick was a supe it's what he has been doing as i have been doing this for 17 years. why would by nervous? >> he was a super competitive kid that also excelled at baseball. in fact he almost had a contract. they let him decide what direction to take and we'll

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star on the team... then...chicago tonight... on the top of the warriors feeling pretty good after a nice record and the natural all star on the team, then chicago tonight. manny the bull says hi to tim and jim before the game. here is the former warrior going crazy. with the big shot, 22 on the night off the bench. the all-star david lee trying to keep it close. there he is right there down low with the turnaround move.

warriors were down 13 at the half. then he just got off. golden state loses on the road. hey 49ers empire, you've got some company from a grammy- award winner. >> everybody! everybody! hit hard, super bowl, go! ♪ [ music ] ♪ >> that is from grammy-award winning producer michael wallen who created that tune -- walden who created that tune. and he decided to revise it with this current team. >> my inspiration is to give some music to pump the boys. i know they're already pumped, but we need a celebration of the spirit. we'll win this thing and people here in the music world can dance and feel the vibe as we are all so excited. >> tigers back. farmers insurance.

torii pines. a nice shot here. currently leading by two strokes over the field heading into third round play coming up tomorrow. let's see if tiger could get it done. it is time for the friday night top five. number five, matt, tony, louis just taking it from jose hernandez, the first time that he has ever lost a fight. man! from number 4 the golden gate field, running his 15,000th race today coming in third riding finish rich in nyc. number three, the wizards, john walden is just ridiculous. beating the t-wolves by 13. number 2, x-games aspen,

colorado, what goes up comes down hard. he got a concussion, but fear not folks as he was carried away giving the old thumbs up. he's going to be okay. at number one, spit it down. oh! a $75,000 shot and gets mad

don't rq the stuff from 5.. all right david letterman is coming up next and you're looking at a weekend. >> yes on saturday and sunday.

>> all right